Going Back to School? Get Educated On Title IX.

Title IX is a complicated topic, but as you return to your university classes
this fall, it’s imperative that you understand what it means for
you. Whether you’re a new student or ready to graduate after this
year, you may not be aware that many behaviors can constitute Title IX
violations, and that universities take these claims extremely seriously.

Protect your reputation and prevent yourself from accidentally engaging
in misconduct by learning the basics from our St. Louis Title IX defense
attorneys. We have decades of experience working with students who have
been accused, and on our blog, we’ll answer some of the most common
questions we’ve heard. If you’ve already been accused, knowing
the penalties you can face is even more crucial.

What Is Title IX, and How Is It Applied?

What we refer to as “Title IX” is actually a shorthand for
a specific clause in the Education Act of 1972, which was intended to
halt rampant sex-based discrimination against women at universities, as
well as deep disparities in financial funding for women’s athletic
and academic teams. After dozens of lawsuits,
Congress enacted this amendment and Richard Nixon signed it into law.

At its most basic, Title IX is an anti-discrimination law, and it is deceptively
simple – it merely states that organizations receiving federal funds
cannot allow discrimination on the basis of sex or gender. But since its
passing, Title IX has expanded into an entire branch of the law unto itself.
Covering a range of issues from harassment to sexual assault, virtually
anyone can bring a Title IX-related claim to the school’s attention,
as long as they believe misconduct was committed on the basis of their
sex or sexual orientation.

Some common behaviors classified as Title IX violations include:

Texting or calling someone against their stated wishes

Making jokes at the expense of another’s sex or gender

Publicly exposing someone for their sexual behavior or choices

Sending inappropriate or explicit pictures over text

Using threatening language, even in a joking manner

How Can a Title IX Outcome Affect My Scholastic Career?

It’s important to note that university-held Title IX hearings are
not equivalent to criminal proceedings: You cannot be jailed if you are
found guilty. That being said, these charges are often filed at the same
time as a real criminal prosecution begins, and even on their own, they
can represent substantial obstacles to your educational success.

School officials vary in their application of Title IX rules, but all are
afraid of mishandling an investigation and losing federal assistance.
Because of this, penalties can be exceptionally harsh and include:

Permanent expulsion from your school

Suspension, either temporary or long-term

Administrative penalties and fines

Limits to participation in school and extracurricular programs

Receiving sex offender status

Losing your degree or past university credits

How Can I Protect Myself from Title IX Accusations?

The most obvious rule is that you should avoid sexually threatening, discriminatory,
or inappropriate conduct of any kind, and treat others with respect. However,
there are many cases where you could be accused of a Title IX claim, even
if you have behaved perfectly according to your recollection. In these
cases, you need to be aware of your rights, and how to prepare a solid defense.

If you suspect that someone may file a Title IX claim against you, be sure
to halt all contact with the prospective accuser and collect relevant
exchanges, including any conversations over text, chat, or email. Try
to remember all the details of what was said between you, and keep your
own record of in-person interactions. Finally, speak with any prospective
witnesses to your behavior, or who could contradict the testimony of your
accuser. After you’ve gathered this information, you will need to
speak with a skilled criminal defense attorney who has experience navigating
this area of the law and can act as your advocate with the school system.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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